Encinitas Municipal Code § 7.1 Specific Plan Administration

The Cardiff-by-the-Sea Specific Plan has a principal objective to identify and justify capital improvements to achieve desired community objectives.

While the Specific Plan anticipates a gradual and incremental approach to private development, basic capital improvements may be completed on a more timely basis.

The community has a strong desire to maintain and preserve the physical appearance of the area while creating opportunities for business. The use of the development review process described below directly supports that notion and, in so doing, supports community values.

7.1.1 Purpose¶

The Cardiff-by-the-Sea Specific Plan provides community objectives, development standards, and discretionary review guidelines to enhance land use and development quality. The purpose of this section is to describe the procedures required for the gradual and incremental implementation of these objectives, standards, and guidelines within the Specific Plan area.

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7.1.2 Processing and Review¶

A. Future development within the Specific Plan area will involve obtaining the necessary development permits for:

•	The division of a parcel of land into two or more parcels;
•	The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure;
•	Any excavation, landfill, or land disturbance, and any use or expansion of the use of land.

City review of these permit applications will ensure consistency of the proposed improvements with the design recommendations and development regulations outlined in the Specific Plan.

B. The Specific Plan area shall be developed in accordance with the criteria and procedures provided in this Specific Plan and accompanying documents and in accordance with other land use and zoning regulations of the City of Encinitas.

C. In cases where discrepancies occur between the Specific Plan and citywide development standards, the development regulations contained in the Cardiff-by-the-Sea Specific Plan shall prevail.

D. All development within the Specific Plan boundary shall be consistent with the Cardiff-by-the-Sea Specific Plan.

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7.1.3 Development Applications (except Design Review)¶

A. Development applications shall be processed according to the applicable provisions of the Encinitas Municipal Code Title 23, Building and Construction, Title 24, Subdivisions, and Title 30, Zoning.

B. When an applicant seeks to employ one or more of the parking strategies identified in Section 5.8.3 and no other discretionary permit is otherwise required, a Minor Use Permit shall be processed.

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7.1.4 Design Review¶

Design Review applications shall be processed according to the procedures indicated in Chapter 23.08 (with the exception of Section 23.08.100) of the Encinitas Municipal Code. Also reference Chapter 4 of this Specific Plan for additional information on applications subject to or exempt from Design Review.

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7.1.5 Specific Plan Amendments¶

Amendments to the Specific Plan shall be subject to the procedures as indicated in Chapter 30.72 of the Encinitas Municipal Code.

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7.1.6 Nonconformities¶

A. Except as provided for in this Specific Plan, any non-conforming use or structural non-conformity shall be subject to the provisions of Chapter 30.76 of the Encinitas Municipal Code.

B. A "nonconforming use" is a use that:

•	Is not within the scope, either expressly or implicitly, of the land use regulations set forth in this Specific Plan that announces the purpose, intent, permissible uses, accessory uses and prohibited uses for the zone in which the particular use is located;
•	Did comply with the zoning restrictions contained in this Specific Plan or the zoning ordinance in effect at the time the use was created and was lawfully created; and
•	Has not been terminated in accordance with the provisions of this Specific Plan or the zoning ordinance.

C. A "structural nonconformity" is a physical aspect of a building, structure or improvement that:

•	Does not conform to the development standards contained in this Specific Plan to include, without limitations, height, set-back, lot area, parking, type of building, or coverage of a lot by structure;
•	Did comply with the development standards in the zoning ordinance in effect at the time the building, structure or improvement was constructed or structurally altered and was lawfully constructed; and
•	Has not been terminated in accordance with the provisions of this Specific Plan or the zoning ordinance.

D. Any commercial building with a structural nonconformity that is damaged up to 100% (by accident or voluntary) of its valuation can be reconstructed with the continuation of the structural nonconformities provided such nonconformities are not increased in density or intensity.

E. Any additions, expansions or alterations to a nonconforming structure may be permitted so long as the intensity of the nonconformity is not increased. The additions, expansions or alterations shall not be considered an intensification of the structural nonconformity provided the additions, expansions or alteration comply with the standards of the specific plan.

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